The Film Daily (1932)

THE -%£& , DAILY Wednesday, Dec. 7, 1932 N0DRAST1C CHANGESMADE IN REVISED CONTRACTFORM (Continued from Page 1) ture, in order to be able to claim damages to a print. In connection with percentage bookings, Clause 3, paragraph "b", has been revised to provide that the itemized statement of gross receipts must "be signed by the exhibitor, or the manager or treasurer of said theater and shall include a statement of such facts and figures as may be provided in the schedule to be furnished by the exhibitor and, if requested by the distributor, shall be made upon forms furnished by the distributor." The "reasonable time" phase has been eliminated from paragraph "a." Clause 4. dealing with tin deli wry and return of prints. Clause now reids: "After each of said motion pictures is generally released for public exhibition and becomes available for exhibition hereunder by the exhibitor, the distributoi agrees to deliver a^ hereinafter provided, a print thereof to the exhibitor." Another revision in Clause 4. paragraph "c," is devised to take care of instances in which an exhibitor might avoid playing inferior pictures on the schedule in order to get an outstanding film last on the schedule Subject to certain conditions, as provided in the original contract, the exhibitor can play pictures out of order of release "excepting the last deliverable." In other words, only the last picture cannot be played out of 1'nder paragraph "b," Clause 9. is the following: "The exhibitor shall n< . t advertise any mems of advertising any of said motion pictures which may be roadshown by tin distributor and not excepted and excluded frr.m this until after the completion ich roadshowing in the United States and then only as permitted in paragraph (a) of this clause." J Paragraph "e" in Clause 15, has been al tered so that it more clearly defines exhibitor loss of certain privileges providing he fails to comply with arbitration awards. Clause 17, which limits distributors to a &m N ROBERT T. KANE, head of the Paramount studios in Joinville. arrives in New York today on the Contc di Savola. DAVE EPSTEIN, coast artists' representative, now on a brief visit to New York, returns to the coast early next week. G1FF0RD COCHRAN associated with John Knmsky in presenting "Macdchen in Uniform," sails tonight on the Europa for Germany. PATRICK AHERNE. brother of Brian Ahernc. English actor, arrived in New York yesterday on the Mijcstic en route to Hollywood to appear in RKO pictures. JAMES CAGNEY. now in New York will return to Hollywood and the Warner studios by .upline next Saturday. MERVYN LEROY. Warner director, who is also in New York on a brief vacation, will likewise go back to California in a few days. KARL MicOONAlD Warner foreign reprc'ivc in South America where he is itudying condition in rha interests of his company took his first airplane trip List Saturday. He flew from Buenos Aires to Santiago over the Andes Mountains. SPYROS SKOURAS i-. due in New York today from the C AL FRIEDLANDER leaves today for Detroit. COL FRED LEVY of Louisville is in New York. HARRY COHN and GEORGE BROWN of Columbia left yesterday for the coast. E. H GRIFFITH arrives in New York today from Hollywood. • NEWS«»OF«»THE«»DAy • Seattle — With the closing of the Paramount this week, Fanchon & Marco stage shows move to the Fifth Ave. Theater. Cleveland — Meyer Kaplan, local theater owner, will be married Jan. 1 to Lillian Rosen. Cleveland — Charles Beckerman has been appointed Ohio representative for Master Art organlogues. Elyria — A. J. Cooper is out of the Rialto, which has reverted to John Pekras, who holds the lease. Pekras will not open the house. Mcintosh, Minn. — Ness & Reek have disposed of their interests in the Grand to H. B. Lindblad. Anamoose, N. D. — The Hyland, destroyed by fire, will be replaced by a new theater. Frazee, Minn. — The Palace has been taken over by Victor Anton from George Bauer. Knoxville, Tenn. — Fire did about $8,000 damage to the Gay theater. The house immediately placed repairs under way. five-picture carryover, has been changed to read as follows : "If any of the said motion pictures described in the Schedule, excepting those, if any, which may be roadshown by the distributor, shall not be generally released by the distributor for distribution in the United States during the period beginning and ending each such motion picture shall be excluded from this license, upon written notice to such effect given to the exhibitor by the distributor prior to fifteen (IS) days before the end of said period, unless the exhibitor shall give written notice to the distributor not later than thirty (.ill) days after the end of said period that the exhibitor elects to exhibit hereunder all such motion pictures if generally released during the year immediately following the end of said period. If such notice of election is given as aforesaid the distributor shall deliver and the exhibitor shall exhibit each of such motion pictures upon the terms and conditions of this license excepting that any thereof which are not so generally released within the said following year shall also be excepted and excluded from this license. In such case the distributor may exhibit and license for exhibition each of such motion pictures so excluded when and where desired by the distributor and all claims of the exhibitor in respect thereof are hereby expressly waived and the distributor released and discharged therefrom by the exhibitor." Under revised Clause 19, exhibitors "shall completely restore all parts" cut from newsnils before shipping the print back to a distributor. In the arbitration clause, it is more clearly stressed that adoption of arbitration is voluntary and "unless so signed the said clause shall In deemed excluded from this license i tit." Wording of the arbitration rules has been changed to clarify the fact that no case can reach the national appeal board from a local arbitration board unless a majority of memof the local arbitration board so decides, fhi umpire cannot send a disputed rase to the national board for further decision. The admission price clause, incorporated ;; the optional clauses, has been altered to allow a distributor to revise his protection "ts in event a theater reduces admission prices. The paragraph now reads as follovi "If during any such period less than said admission prices is charged, the distributor in iddition to all other rights hereunder shall (a) to immediately terminate 1 I ill' motion picture then being itten notii to sui h effect to ^liibitor and upon the giving of such ce, the license of such motion picture forthwith terminate and revert to the ovided the exhibitoi n" f o I 'I onehalf each of tin i : | tures hereundei : .., (c) pro period of protection is specified in withhold for a period not to 'y (60) days notice of the date each motion picture thereafter deliver hereunder will be available for exhibition by the exhibitor." Selznick to Handle 6 to 8 Productions (.Continued from Page 1) of all productions will be named to succeed Selznick is up to Kahane to decide. It is understood that no one will be given that official capacity. Work on the current season's program is being given new stimulus with the return of Selznick from the east, and the RKO studios are about to start an unprecedented year-end drive with 10 features in work within the next week. Now in production are "King Kong," "Lucky Devils" and "The Past of Mary Holmes." Being prepared to start within 10 days are "Topaze," "The Great Jasper," "Our Betters," "Sweepings," "The Magnificent Affair," an; untitled Ann Harding vehicle and "Now You See It." "Animal Kingdom" and "No Other Woman" are in the cutting rooms. 1 1 amnions Not to Duplicate Story Ideas in Features A policy of not duplicating story ideas will be followed on the World Wide program, according to E. W. Hammons, crusader for diversified program. The same type of attraction, whether in shorts or features, soon becomes passe no matter how fine it is, says Hammons. ABRAMSON CASE COMING UP Long-pending case of Ivan Abramson, producer, against the Hays office is due for trial this month in the Federal Court, New York. Abramson. who is charging conspiracy, will call Jake Conn, former Providence exhibitor, as his first witness. Max Steuer is representing Hays office and may delegate Bruce Bromley, expert in film litigations, to cross examine Conn. AID "MAIL EARLY" CAMPAIGN M. J O'Toole, secretary of the M. P. T. O. A., and Charles L. O'Reilly, president of the T. O. C. C, are urging their members to cooperate with the post office department in its "mail early" campaign. Theaters are being asked to run slides plugging the campaign and insert helpful notices in their programs. COLUMBIA FILM FOR ROXY Columbia's "Man Again Woman," with Jack Holt, opens Dec. 16 at the Roxy. 32 PENNA. THEATERS OPENED IN NOVEMBER ; (Continued from Page 1) on a full-time basis, and some parttime. Openings included: Strand, Swoyersville; Ellis, Mahanoy City; Haverford, formerly 60th St., and Aldine, Philadelphia; Slanley. Larksville; Astor, Annviile; Trail, Shewsbury; Strand, Allentown; Hamilton, Lancaster; Capitol, Scranton; Tremont, Tremnnt: Penn, Wilkes Barre; Grand, Archbald; Majestic, Bentleyville; Ross, Carmichaels; Clarence, Clarence; Diehl, Claysburg; Culver, Colver; Penn, Conemaugh; Palace, Diisytown; Victory, Gallitzen; Covi, Herminie; Savoy, Hooversville; Ideal and Victoria Johnstown; Crystal, Meadowlands; Harris, McKeesport; Victory, Rossiter; Like, St. Michaels; Sheridan, Pittsburgh; Gem, Tidioute. Closings were the Mastbaum, Wayne and New Elm, Philadelphia, all temporarily, and the Knox, Knox. The Empire, Homer City, was destroyed by fire. Important transfers during the month included the six Chamberlain Amusement Enterprises houses, taken over by Victoria Amusement Enterprises. Bitzer to Demonstrate Third Dimension Process (Continued from Page 1) through natural photography and done entirely with ordinary camera equipment as far as lens and movement of the film is concerned. It is on regular 35 mm. stock, not wide film. Colman, who is associated with Bitzer in the project, was for two years associated with the Science World Court and Ufa in Berlin. "SILVER DOLLAR" BOOKLET A condensed fictionization of "Silver Dollar," First National production starring Edward G. Robinson, is being distributed by Warner Bros, to exhibitors in order to acquaint them with the picture. A similar booklet on "I Am a Fugtitve" aroused considerable interest among exhibs. "SILENT ENEMY" FOR S. W. San Antonio— "The Silent Enemy," released by Screenart Pictures, will be distributed in the Texas, Oklahoma, Arkansas territory by Sack Amusement Enterprises of this city. DUREAU TO NEW ORLEANS Gaston Dureau leaves New "xork tomorrow for New Orleans, where he will join the Saenger circuit, operated by E. V. Richards. New Incorporations NEW YORK CHARTER Anatole Producing Corp., theatricals; J. Kenler, 1540 Broadway. $10,000. NEW JERSEY CHARTER Cosmo Amusement Corp., Newark amusements; William P. Hurley, Newark. $125,000. DELAWARE CHARTER Broadway Productions, Inc., Wilmington, Del.; motion picture houses — American Guaranty 0 Trust Co. 100 shares of common stock.